Public Prosecutor v Zin Mar Nwe: Murder & Diminished Responsibility
In Public Prosecutor v Zin Mar Nwe, the High Court of Singapore convicted Zin Mar Nwe, a foreign domestic worker, of murder for the death of her employer's mother-in-law. The accused stabbed the deceased multiple times and relied on the partial defense of diminished responsibility, claiming an abnormality of mind. The court, presided over by Andre Maniam J, rejected the defense, finding that the accused did not suffer from a mental illness that substantially impaired her mental responsibility. The court found that the accused acted out of anger after the deceased threatened to send her back to her agent.
1. Case Overview
1.1 Court
General Division of the High Court of the Republic of Singapore1.2 Outcome
Accused convicted of murder.
1.3 Case Type
Criminal
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Zin Mar Nwe, a foreign domestic worker, was convicted of murder for stabbing her employer's mother-in-law. The defense of diminished responsibility was rejected.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Conviction | Won | Kumaresan Gohulabalan of Attorney-General’s Chambers Sean Teh of Attorney-General’s Chambers |
| Zin Mar Nwe | Accused | Individual | Conviction | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Andre Maniam | Judge of the High Court | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Kumaresan Gohulabalan | Attorney-General’s Chambers |
| Sean Teh | Attorney-General’s Chambers |
| Wong Hong Weng Stephen | Matthew Chiong Partnership |
| Christopher Bridges | Christopher Bridges Law Corporation |
| Tan Lin Yin Vickie | Coleman Street Chambers LLC |
4. Facts
- The accused was a 17-year-old foreign domestic worker from Myanmar.
- The accused stabbed the 70-year-old deceased multiple times.
- The deceased had told the accused that she would be sent back to the agent.
- The accused claimed the deceased physically abused her.
- The accused admitted to stabbing the deceased in multiple police statements.
- The accused initially denied stabbing the deceased, blaming two dark-skinned men.
- The accused ransacked a bedroom and stole money after the stabbing.
5. Formal Citations
- Public Prosecutor v Zin Mar Nwe, Criminal Case No 60 of 2021, [2023] SGHC 146
6. Timeline
| Date | Event |
|---|---|
| Accused started working in Singapore as a foreign domestic worker. | |
| Accused started working for Mr. S. | |
| The deceased, Mr. S’s 70-year-old mother-in-law, joined Mr. S’s family. | |
| Accused stabbed the deceased to death. | |
| Accused was charged with murder. | |
| Trial began. | |
| Trial continued. | |
| Trial continued. | |
| Judgment reserved. | |
| Judgment issued. |
7. Legal Issues
- Diminished Responsibility
- Outcome: The court found that the accused did not meet the requirements for the defence of diminished responsibility.
- Category: Substantive
- Sub-Issues:
- Abnormality of mind
- Causation of abnormality of mind
- Substantial impairment of mental responsibility
- Murder
- Outcome: The court found that the elements of murder were established on the evidence.
- Category: Substantive
8. Remedies Sought
- Conviction for Murder
9. Cause of Actions
- Murder
10. Practice Areas
- Criminal Law
- Homicide
11. Industries
- Domestic Services
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Public Prosecutor v Juminem and another | High Court | Yes | [2005] 4 SLR(R) 536 | Singapore | Cited for the principle that the accused bears the burden of proving the defence of diminished responsibility on a balance of probabilities. |
| Iskandar bin Rahmat v Public Prosecutor and other matters | Unknown | Yes | [2017] 1 SLR 505 | Singapore | Cited for the three requirements that must be satisfied to prove the defence of diminished responsibility. |
| R v Byrne | Court of Criminal Appeal | Yes | [1960] 2 QB 396 | England and Wales | Cited for the definition of abnormality of mind. |
| Nagaenthran a/l K Dharmalingam v Public Prosecutor and another appeal | Court of Appeal | Yes | [2019] 2 SLR 216 | Singapore | Cited to highlight that past cases have little precedential value when determining whether a particular medical condition is an abnormality of mind. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Penal Code (Cap 224, 2008 Rev Ed) s 300 | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) s 300(c) | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) s 302(2) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Diminished responsibility
- Abnormality of mind
- Dissociative state
- Adjustment disorder
- Foreign domestic worker
- Culpable homicide
- Mental illness
15.2 Keywords
- Murder
- Diminished responsibility
- Foreign domestic worker
- Singapore
- Criminal law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Murder | 99 |
| Diminished Responsibility | 95 |
| Criminal Law | 90 |
| Offences | 80 |
| Evidence Law | 60 |
| Evidence | 50 |
16. Subjects
- Criminal Law
- Mental Health Law